§ 167-43. Intent.

A. 

It is the intent of this article to require open space development (having the same meaning as "cluster development" under § 278 of NYS Town Law) pursuant to the requirements herein for any subdivision of land 20 acres or greater within the Town. Unless otherwise required by the Planning Board, owners of lands less than 20 acres, and all others not otherwise governed by this article, shall follow the Subdivision Regulations of Chapter 143 of the Town of Malta. This article shall govern any land parcel greater than 20 acres. An applicant may request consideration for an open space development project of less than 20 acres.

B. 

The intent of this article is to promote variation in conjunction with a proposed subdivision plat in suitable areas in order to encourage the flexibility of design, to enable land to be developed in such a manner as to promote its most appropriate use, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open space, in accordance with § 278 of the Town Law. This purpose is achieved by permitting reduction in and/or flexibility of lot sizes required for the zoning district within which such development occurs, while maintaining the imposed overall density limitations through the provision of open space.

C. 

It is the intent of this article to promote better use of conservation of open spaces, recreational development, existing topography and natural features, energy conservation, harmonious architectural design, and solar access and design, and to provide for economics inherent with open space development. It is imperative to incorporate quality of life elements such as linking wildlife corridors, protecting watersheds and old stone walls and barns, identifying and protecting important vistas, expanding active and passive recreational opportunities, providing links to existing and future Town parks, including access to waterways, linking pedestrian access, and preserving trees and vegetation.

D. 

In designing clusters, the proportions of affordable homes set forth in § 167-26C shall be taken into consideration by the developer and Planning Board.